A c t No. 2, 1909.
| A n | A c t | t o | a m e n d | t h e | I n e b r i a t e s | Act , | 1 9 0 0 ; | a n d |
| for | o t h e r | p u r p o s e s . | [9th | September, | 1909.] |
BE it
| enacted by the K i n g ' s Most | Exce l len t Majesty , by and wi th |
| t he advice and consent of the Legislat ive Council and Legis la t ive Assembly of New South W a l e s in Pa r l i amen t | assembled, and by the |
| au thor i ty of the same, as follows :— |
1. This Act shall be construed as one with the Inebr ia tes Act ,
1900 (herein referred to as t he Principal Act ) , and may be cited as
| the | " Inebr ia tes | ( A m e n d m e n t ) | Act , | 190!)." |
| 2. | Section one of the Pr inc ipa l Ac t is | a m e n d e d — |
| (a) by inser t ing nex t before pa rag raph | (d) t h e following | n e w |
p a r a g r a p h —
| ( c l ) t h a t | the | inebr ia te en te r | in to | a | recognizance, | wi th | or |
| wi thou t sureties, tha t he will abstain from | in tox ica t ing |
| l iquor and | in tox ica t ing | or narcot ic d rugs for t h e period |
| there in ment ioned, not being | less t h a n twelve m o n t h s ; or |
| (b) | by inserting in paragraph (d) after " placed " the words "for any period ment ioned in t h e order no t exceeding twen ty - e ight days " ; and by omi t t ing t he words " for any period n o t exceeding twen ty -e igh t days " ; |
| (c) | | by inse r t ing | in | p a r a g r a p h | (c) after | " i n s t i t u t i o n " | t he | words | |
| " o r | a S ta te ins t i tu t ion | established | under | section 2 A . " | |
| (d) | by inserting at the end of paragraph (f) the words " or of a |
| gua rd i an who is wi l l ing to act in t h a t | capac i ty" ; | |
| (e) | | P a r a g r a p h | (h) of | section one of the | P r inc ipa l | A c t is a m e n d e d — | |
| (i) | by omi t t ing t he words wi th in b racke t s " where t h e | applica | |
| be ing heard in objection to any such order ." |
t ion is to a J u d g e or the Mas t e r in L u n a c y ";
| (ii) | by | inser t ing | after | " M a s t e r | in | L u n a c y " | where | n e x t |
occurr ing, the words " or mag i s t r a t e ";
(iii) by omitting the words "or (where the application is to a
| magis t ra te ) | by | the | mag i s t r a t e . " | |
(f) by add ing the following words a t t he end of t he section :— " O n the order of a Judge of t he Supreme Court or of a Dis t r ic t Court , or of the Master in Lunacy , any period ment ioned in an order math; unde r pa rag raph (e) or pa rag raph (f) of this section may from time; to t ime be ex tended for fur ther periods not exceeding twelve m o n t h s
| each. | The inebr ia te shal l be afforded an oppor tun i ty of |
3 . The following sections (which may he referred to as sections
1 A, 1 B, l c, and 1D, respect ively) , are inser ted n e x t after section one of
| t he | Pr inc ipa l | A c t : — |
| 1A. | (1) Where an inebr ia te is placed as aforesaid u n d e r | t h e |
| charge and care of | a guardian , the | g u a r d i a n — |
| (a) | shall prescribe for the inebriate a place of residence in New |
| South Wales , e i ther in t he house of t he inebr ia te or in | t h a t | |
of the guard ian ;
| (b) | shall provide for the inebriate such medical attendance as may be necessary ; |
| (c) | may deprive the inebriate of intoxicating liquor and intoxi |
| ca t ing or narcot ic | d rugs , and | p reven t | h i m | from | ob ta in ing | |
| |
| (d) | may prevent the inebriate from leaving the prescribed resi dence, unless a t tended by a responsible person ; |
| (e) | may require the inebriate to submit to the attendance of such. nurses or a t t endan t s as the guard ian th inks necessary ; |
| (f) | may warn persons against supplying the inebriate with |
| in toxicat ing | l iquor | or in tox ica t ing | or narcot ic | drugs . | |
A n y person warned in wr i t ing under pa ragraph (f) of this
section who supplies t he inebr ia te w i th any in toxica t ing l iquor or
in tox ica t ing or narcot ic d rug shall be liable to a penal ty no t exceeding
( 2 ) On applicat ion, by or on behalf of the Minis ter , to a
J u d g e of the Supreme Cour t or of a Distr ic t Court , or to the Mas te r in Lunacy , or any s t ipendiary or police magis t ra te , a guard ian may be removed, and on like appl icat ion by the guardian he m a y be relieved of and discharged from bis guard ianship . I n ei ther case, t h e J u d g e ,
| Master , or magis t ra te may appoin t ano ther guard ian , or m a y m a k e | an |
| order under section one. |
1B. A n y person may enter into a recognizance, wi th or wi thou t
| sureties, before a s t ipendiary or police mag i s t r a t e | t h a t he will | abs ta in |
| from in tox ica t ing l iquor and in tox ica t ing | or narcot ic | drugs | for | t he |
period therein ment ioned, not being less t h a n twelve mon ths .
| An applicat ion to enter in to a recognizance u n d e r | th is | section |
shall be in the form of Schedule One.
A magis t ra te , before a recognizance is t aken before h im under th i s section or u n d e r section one, shall satisfy himself t h a t t h e person before h im unders tands the na tu r e and effect of t he recognizance, and the consequences of its breach, and shall sign a certificate to t h a t effect in the form of Schedule Two.
l c . The hear ing of any appl icat ion under ei ther of t he three last p receding sections may , a t the reques t of the alleged inebr ia te , or where the appl icat ion is made by h im, be in pr iva te .
1D.
| 1D. If, d u r i n g the period specified in a recognizance | t a k e n |
unde r a n y of t h e preceding provisions of th is Ac t , i t is proved to any jus t ice t h a t t he person hound thereby has failed to observe any of t he condit ions of t h e recognizance, the jus t i ce before w h o m such proof is given, m a y forfeit t h e recognizance.
4 . The following sections (which m a y be referred to as sections
| 2A a n d 2B respect ively) are inserted n e x t after section two of | t h e |
| P r inc ipa l | A c t : — |
| 2A. (1) The | Governor | m a y | establ ish | ins t i tu t ions | for | t he |
recept ion, control , a n d t r e a t m e n t of inebr ia tes who have , under section one, been ordered to be placed in an ins t i tu t ion established unde r this section, and of inebr ia tes who, in pur suance of this Act , have been t ransfer red to any such ins t i tu t ion , and shal l appo in t for every such
| ins t i tu t ion | a supe r in t enden t | and | such officers as he m a y | deem |
| necessary. |
Such officers shal l be appo in ted in the same m a n n e r as officers in hospitals for t h e insane.
| The | es tabl ishing of a n y such | ins t i tu t ion , and | a descript ion of |
t h e land included wi th in t he l imits thereof, shal l be notified in t he
Gazet te .
| ( 2 ) | Such ins t i tu t ions shal l , subject to th is Act , be unde r | t he |
| care, direction, and control of t h e Inspec to r -Genera l of | t h e | In sane , |
| a n d | d u r i n g his | absence from t h e Sta te or his inabi l i ty to ac t | from, |
| illness or o ther cause, of t h e depu ty | Inspec to r -Genera l . |
| (3) | The | enac tmen t s of | t he | L u n a c y Act , 1898, | ment ioned |
| in Schedule | th ree to th is Act , shall , muta t i s | mu tand i s , apply to | such |
| ins t i tu t ions , | and | to | inebr ia tes | deta ined | there in . |
| I n | so app ly ing | such | e n a c t m e n t — |
| " h o s p i t a l " | or | " h o s p i t a l | for | t he | i n s a n e " | shal l | be | read | as | a n d |
| m e a n | an | ins t i tu t ion | establ ished | unde r | this | sec t ion; |
| " insane pa t i en t , " | or | " p a t i e n t , " | shall | be read | as | and | m e a n | an |
| inebr ia te in any | such ins t i tu t ion ; |
" this A c t " shall be t aken to refer to t he Inebr ia tes Act, 1900,
| as amended | by | the | Ineb r i a t e s | ( A m e n d m e n t ) | Act , | 1909. |
| 2 B . | Whosoever | without lawful | a u t h o r i t y — |
| (a) is found wi th in t h e | boundar ies of a n ins t i tu t ion | established |
under t he last preceding section ; or
| (b) in any m a n n e r | communica tes | or a t t emp t s | to | communica te |
| w i th any inebriate | there in , |
shall be liable to a pena l ty no t exceeding t w e n t y pounds , or to impr i sonmen t w i th or wi thou t ha rd labour for any t e r m not exceeding
| th ree m o n t h s , or to both | pena l ty | and | impr i sonment . |
| 5 . Section t h r ee of t h e | P r inc ipa l Ac t is repealed, and | the |
following sections (which may be referred to as sections 3, 3 A, 3B, 3C,
3D, 3E, and 3F respectively) are inserted in its p l a c e : —
3. (1) W h e r e a person is convicted before a s t ipendiary or police
| mag i s t r a t e , | or | on | ind ic tment ,— |
| (a) | of an offence of wh ich d runkenness is an i n g r e d i e n t ; | or |
| (b) | of assau l t ing | women, c rue l ty to chi ldren, a t t emp ted | suicide, |
| or wilful damage to proper ty , and it appears t ha t | d runkenness |
| was a con t r i bu t i ng cause of such | offence, |
and on inqu i ry it appears t h a t t he offender is an inebriate , t h e court
m a y ei ther sentence t h e offender according to law, or—
| (c) | d ischarge t he said offender condi t ional ly on his en t e r ing into a recognizance, wi th or wi thout suret ies, t h a t du r ing the period |
| n a m e d | by the court , | not be ing less t h a n | twelve | m o n t h s , — | |
(i) he will be of good behaviour ;
| (ii) he will | no t | t ake | or | use | a n y in tox ica t ing | l iquor | or |
| in tox ica t ing | or narcot ic drugs ; |
(iii) he will, once at least in every three months, report his address a n d occupat ion to t he pr incipal officer of police a t t he place where such convict ion was had, or a t such o ther place as t he Inspec tor -Genera l of Police m a y appoint , such
| repor t be ing m a d e e i ther personal ly or by let ter , | unless | |
| t he Minis te r directs t h a t the report be made | personally, | |
in which case it m u s t be m a d e in t h a t mode only ;
(iv) he will not do or omit to do any act whereby the recognizance would become forfeited ; or
| (d) | order the said offender to be placed for a period of twelve m o n t h s in a State ins t i tu t ion established under section 3 B : Provided tha t such order shall only be made on the product ion of such certificate and on such evidence a n d inspection as in t he case of an order made unde r section one. |
( 2 ) On the order of a J u d g e of t he Supreme Court , or of a
| Dis t r ic t Cour t J u d g e , or of t he Mas te r in Lunacy, such period m a y |
from t ime to t ime be extended for fur ther periods not exceeding twelve
(3) W h e r e the inebr ia te is physical ly unfit to t rave l to the
| ins t i tu t ion | named in such order, | t he cour t m a k i n g | t h e | order | m a y |
direct t h a t he be placed for immedia te medical t r e a t m e n t for such t i m e as i t th inks lit in a gaol, or lock-up, or in a hospital , or pr iva te house, unde r t he supervision of t he police.
3A. If, d u r i n g the period specified in any such recognizance,
t he offender so d ischarged—
| (a) | is proved to any justice to have contravened any of the |
| condit ions of the recognizance ; | or | |
(b)
| (b) | is charged by a member of the police force with getting his livelihood by dishonest means , and being b rough t before any jus t ice , i t appears to such jus t ice t h a t t he re are reasonable |
| g rounds for bel ieving t h a t he is ge t t i ng his livelihood | by | |
| |
| (c) | on being charged with an offence punishable on indictment or s u m m a r y convict ion, and on be ing requi red by the jus t ice before w h o m he is charged to give his n a m e and address, refuses to do so, or gives a false n a m e or a false a d d r e s s ; or |
| (d) | is convicted of any offence aga ins t t h e V a g r a n c y Act , 1902, |
t he jus t ice before w h o m such proof is given, or before w h o m the said offender is so charged or convicted, m a y forfeit t he recognizance and order t he offender to be placed in a Sta te ins t i tu t ion established u n d e r section 3 B for t he r emainder of the period ment ioned in t he recognizance.
| 3B . (1) The | Governor | m a y | establish | ins t i tu t ions | for | t he |
recept ion, control , and t r e a t m e n t of inebriates who have, u n d e r section three , been ordered to be placed in a S ta te ins t i tu t ion , or who, in pu r suance of this Act , have been t ransferred to any such ins t i tu t ion .
| (2) | The Governor may appoin t a vis i t ing just ice , who shall |
exercise in respect of a S ta te ins t i tu t ion the same powers and juris dict ion as are conferred on a visi t ing jus t ice in respect of a prison
| u n d e r t h e Prisons Act , | 1899. |
| (3) | The Comptro l le r -Genera l of Prisons shall, subject to the |
control of t he Governor, have the care, direction, a n d control of such
| ins t i tu t ion and the custody of all persons placed | there in . |
(4) All the keepers and under - keepers of such ins t i tu t ions and t h e assis tants of such keepers and under-keepers and all other persons requi red and employed for t he safety and care of such ins t i tu t ions and of the inebr ia tes detained the re in shal l he nomina ted and appointed by the Comptro l le r -Genera l of Pr isons , subject to the approbat ion of t he Governor.
3c. The Governor may release on license any person detained
| in a S ta te ins t i tu t ion , and m a y revoke such | l icense. |
The condit ions of t he license shall be t h a t the licensee shall ,
for a period there in specified, no t exceeding twelve months , he of good
behaviour and abstain from t ak ing or us ing any in toxica t ing l iquor
| or in tox ica t ing | or narcot ic | d rugs . |
A n y such license shal l be revoked by a jus t ice on proof in a s u m m a r y way before h im t h a t the licensee has been gui l ty of a b reach of any condit ion of the license ; or t he license m a y be revoked by the Governor a t his discretion.
W h e r e a license is revoked as aforesaid, the person released on license may be t aken by any member of t he police force and re tu rned to t he Sta te ins t i tu t ion , and may be detained the re du r ing the remainder of the period for which he was placed in the inst i tut ion.
3D.
| 3D. | Where a person | has , after the c o m m e n c e m e n t of | th is | Act , |
been d ischarged from a Sta te ins t i tu t ion , or released on license, or discharged unde r section th ree on recognizances, and wi th in twelve m o n t h s thereaf ter has been convicted for an offence of which d runken ness is an ingredient , and has subsequen t ly and dur ing the said twelve m o n t h s been charged wi th any offence men t ioned in section th ree , the court before which he is so charged may , in deal ing wi th h i m unde r t h a t section, order h im to be placed in a S ta te ins t i tu t ion for a period not exceeding th ree years .
3E. A recognizance t aken under this Ac t shal l be in t he form
3F. A J u d g e of the Supreme Cour t or of a Dis t r ic t Cour t may
order t h a t any person de ta ined in an ins t i tu t ion be released on such
condi t ions (if any) as he m a y impose .
| 6. | Section four of t he Pr inc ipa l Ac t is | a m e n d e d — |
| (a) by | inser t ing | after | " m a g i s t r a t e " | the | words | " o r | a | cour t |
m a k i n g an order in respect of an inebr ia te " ;
| (b) by | inser t ing | after | " r e c o v e r e d " | t he | words | " from | the |
inebr ia te " ;
| (c) | by add ing a t t he end of t he section t he words " a t the suit of t he person under whose care , charge , or control t he inebr ia te lias been placed, or the owner of t he licensed ins t i tu t ion in which the inebr ia te is or has been detained, or w h e n the inebr ia te is detained in a Sta te ins t i tu t ion, a t t he sui t of the Min i s t e r . " |
| 7 . Section t en of t he Pr inc ipa l | A c t is amended by inser t ing |
| after | " a n order unde r , " wherever | t h a t expression occurs, t h e words |
" section one ."
8. Section th i r teen of the same Ac t is amended bv omi t t i ng
pa rag raphs (c) and (d) .
| 9 . | Section four teen | of t he Pr inc ipa l | Ac t is | a m e n d e d — |
| (a) in pa r ag raph (b) by inser t ing | a t | t h e | end of | t h a t | pa r ag raph |
| t h e words " a n d providing for the proper and | sui table |
| employment | of persons deta ined in | such i n s t i t u t i o n s " ; |
| (b) in pa rag raph (d) by omi t t ing " a n d " | a t t he end of | t he |
| pa rag raph | ; |
| (c) by inse r t ing after | the said pa r ag raph a new pa rag raph as |
follows :—
| (d1) providing | for | the release of | inebr ia tes | from | Sta te |
ins t i tu t ions on license, and for t h e r e t ak ing of inebr ia tes who break the condi t ions of any such license, a n d for
| r e t u r n i n g | t h e m | to | such | ins t i tu t ions | ; | and |
10 . The following sections (which may be referred to as sections
14A, 14B, and 14c respect ively) , are inserted n e x t after section fourteen
| of the Pr inc ipa l A c t | :— |
14A. (1) There shall be a supervising board for inebr ia tes (in
th is Act referred to as the " supervis ing board ") consis t ing of t he
Chief Medical Officer of the Government , the Inspec tor -Genera l of
| t he | I n s a n e , | and | the | Comptro l le r -Genera l | of | Pr isons . |
( 2 ) The supervis ing board—
| (a) | may, subject to this Act, recommend the removal of inebriates |
| from | one | State | ins t i tu t ion | to | ano the r | Sta te | i n s t i t u t i o n ; | |
| (b) | May, a t the reques t of the Minis ter , inqui re into t h e adminis t ra t ion of any ins t i tu t ion, examine the inebriates there in detained, and shall report to the Minis ter as to any m a t t e r ar is ing from such inquiry or examina t ion . |
14B. (1) The Minis te r may, on the recommenda t ion of the
supervis ing board, direct t he remova l of any inebriate from any one
| Sta te | ins t i tu t ion | to | ano the r | Sta te | ins t i tu t ion . |
( 2 ) Eve ry such order shall be in dupl ica te , and one copy
shal l he delivered to the super in tenden t of the ins t i tu t ion from which the inebr ia te is ordered to be removed, and the o ther shall be delivered to the super in tendendent of the ins t i tu t ion into which the inebr ia te is ordered to be removed ; and such order for removal shall he a sufficient au thor i ty for t he removal of such inebriate , and also for his reception into the ins t i tu t ion into which he is ordered to be removed and for his
(3) A copy of the order or o ther proper au tho r i t y wi th which such inebr ia te was received into the ins t i tu t ion from -which he is removed, toge ther with an abst ract of his t r e a t m e n t and progress certified by the super in tendent of such ins t i tu t ion , shall be delivered wi th one copy of the said order of removal to the super in tenden t of
| t h e ins t i tu t ion | to which such inebr ia te is removed. |
| 14c. (1) No suit or act ion shall lie against any person for or on account of any act, mat te r , or t h ing done or commanded to be done by h im, and pu rpor t ing to be done for t he purpose of car ry ing out t he provisions of th is Act , if tha t person has acted in good faith and with reasonable care. | ( 2 ) No such suit or act ion as aforesaid shall be main |